Page:HKSAR v. Tong Ying Kit (Verdict).pdf/7

-7- they apply in any criminal case tried in the Court of First Instance with a jury.

8. In fact, it has never been, nor could it be, suggested, that unfairness would result when a defendant is tried without a jury for, in our Magistrates’ Courts and District Court, all the cases are tried without a jury. Further, in the aforesaid judicial review application made by the Defendant concerning the certificate, he frankly, and rightly so in our view, accepted that there could be a fair trial whether the case is tried with or without a jury.

B. The offences charged

B.1 Count 1: incitement to secession and the elements of the offence

9. Article 20 of the NSL provides: